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UNITED STATES v. GALLAGHER

Nos. 76-2665, 77-1034 and 77-1278.

576 F.2d 1028 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony GALLAGHER, Defendant-Appellant. UNITED STATES of America, Appellee, v. John J. McCARTHY, Defendant-Appellant. UNITED STATES of America, Appellee, v. Allison FREDENBURGH, Defendant-Appellant.

United States Court of Appeals, Third Circuit.

Decided May 5, 1978.

Attorney(s) appearing for the Case

Frederic J. Gross, Takoma Park, Md., Charles M. Berk, Glenda Joyce Phinney, Law Student, for defendant-appellant, Anthony Gallagher.

Frederick P. Hafetz, Goldman & Hafetz, New York City, for defendant-appellant, John J. McCarthy.

Zazzali, Zazzali & Whipple, George L. Schneider, Newark, N. J., for defendant-appellant, Allison Fredenburgh.

Jonathan L. Goldstein, U.S. Atty., Katharine J. Sweeney, Asst. U.S. Atty., Newark, N. J., for appellee, U.S.

Before SEITZ, Chief Judge, and BIGGS and HUNTER, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

I. INTRODUCTION

The appellants were charged by a grand jury with conspiracy, 18 U.S.C. § 371, and with the substantive crimes of willful misapplication of bank funds, 18 U.S.C. § 656, and making false statements in connection with loans, 18 U.S.C. § 1014.1 At all times during the criminal activity charged in the indictment Anthony Gallagher was the president...

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